Disclosures & Agreements
As used in the Agreement, the words “we”, “our”, “us” and “BANK” mean Security Bank of Kansas City. “SYSTEM” means Security Bank of Kansas City Online Banking. “SERVICE” means Security Bank of Kansas City Mobile Banking. “You” and “Your” refers to the persons authorized to use the SYSTEM or SERVICE. “Account” or “accounts” mean your accounts at Security Bank of Kansas City including checking, savings, certificates of deposit, loan, or other BANK products or services accessible by the SYSTEM or Service. “Device” means smart cell phone, smartphone, tablet, or other electronic item which is web-enabled, allows secure SSL traffic and which is capable of receiving text messages. “Smart Speaker” is any device that responds to voice commands. “Business Days” are Monday through Friday excluding federal holidays when the BANK is open.
The Agreement establishes the rules which cover your electronic access to your accounts at the BANK via the SYSTEM or SERVICE. By using the SYSTEM or SERVICE, you accept all terms and conditions of the Agreement. Please read it carefully. The terms and conditions of the deposit agreements and disclosures for each of your accounts as well as your other agreements with BANK, such as loans, continue to apply. The Agreement is also subject to applicable federal laws and the laws of the State of Kansas (except to the extent the Agreement can and does vary such rules or laws). If any provision of the Agreement is found to be unenforceable according to its terms, all remaining provisions will continue in full force and effect. The headings in the Agreement are for convenience or reference only and will not govern the interpretations of the provisions. Any waiver (express or implied) by either party of any default or breach of the Agreement must be in writing and shall not constitute a waiver of any other subsequent default or breach. You may not assign the Agreement. The Agreement is binding upon your heirs and BANK’s successors and assigns. Certain of the obligations of the parties pursuant to the Agreement that by their nature would continue beyond the termination, cancellation or expiration of the Agreement shall survive termination, cancellation, or expiration of the Agreement. The Agreement, together with your Enrollment in the SYSTEM or SERVICE, constitutes the entire Agreement between you and BANK with respect to the subject matter hereof. There are no understandings or agreements relative hereto which are not fully expressed herein. We may amend the Agreement without notice. We may add, modify, or remove features in the SYSTEM or SERVICE without notice. Your continued use of the SYSTEM or SERVICE indicates your agreement to any modification or change in the SYSTEM or SERVICE.
To use the SYSTEM you must complete the initial registration process. You may register through the secure online registration or by visiting one of our Banking Center locations. Information obtained during the enrollment process will allow us to enable the service. Once information you submitted is verified you will be notified by e-mail (or in-person if registration occurred at a Banking Center) when your SYSTEM access is activated.
You must have the ability to receive a unique one-time code to access the SYSTEM. Three options are available to receive the code which include: 1) One-time use SMS text message code sent to the account holder’s cellular device; 2) By downloading a third-party mobile app (Authy) from your favorite app store such as Apple App Store or Google Play; or 3) Using a smartphone or landline to receive the code audibly. Some Voice Over IP (VoIP) phone providers do not support the ability to receive codes. Contact your phone provider for details.
To enroll in the SERVICE, you must have access to the SYSTEM. You will activate your Device from within the SYSTEM.
Once we have received your completed registration and have verified your account information, we will send you confirmation of our acceptance of your enrollment, along with your assigned Login ID.
You may only register accounts for which you have an ownership interest. If you are an authorized user on an account, you may only be granted SYSTEM access by an owner of the account (or their appointed delegate). In any case, we have no obligation to monitor SYSTEM transactions to determine if they benefit you or the account owner.
You can use the SYSTEM to check the balance of your BANK accounts, view BANK account history, transfer funds between your BANK accounts, view checks, and pay bills from your BANK accounts in the amounts and on the dates you request if you enrolled to use Bill Payment Services using the SYSTEM, or when enrolling your Smart Speaker so that you may schedule payments using your voice.
Hours of Access
You can use the SYSTEM seven (7) days a week, twenty-four (24) hours a day. Occasionally some or all of the SYSTEM services may not be available due to emergency, unplanned outages, or scheduled system maintenance.
When we assign a temporary password, for security purposes, you are required to change your password when you next login to the SYSTEM. You determine what password you will use. Our staff cannot see your password. You agree we are authorized to act on instructions received under your password. You accept responsibility for the confidentiality and security of your password. You agree to change your password regularly. We recommend you create a password that contains both upper- and lower-case alpha and numeric characters. Your password should not be associated with any commonly known personal identification, such as social security numbers, address, date of birth, or names of children, and should be memorized rather than written down.
You understand the importance of your role in preventing misuse of your accounts through the SYSTEM. You agree to promptly examine the paper or electronic statement for each of your BANK accounts as soon as you receive it. You agree to protect the confidentiality of your account number, SYSTEM login ID, SYSTEM password, and your personal identification information such as your driver’s license number and social security number. You understand we use personal identification information by itself or together with information related to your account to allow access to your account. If you share personal identification and/or account information you increase the likelihood of unauthorized access. Your SYSTEM password and SYSTEM Login ID are intended to provide security against unauthorized entry and access to your accounts. If you permit any other person to use your SYSTEM Login ID or SYSTEM password, you authorized that person to access your Accounts and you are responsible for transactions that person initiates or authorizes in the SYSTEM. Data transferred via the SYSTEM is encrypted in an effort to provide transmission security. The SYSTEM utilizes identification technology to verify that the sender and receiver of SYSTEM transmissions can be appropriately identified by each other. Notwithstanding our efforts to ensure that the SYSTEM is secure, you acknowledge that the Internet is inherently insecure. All data transfers, including electronic mail, occur openly on the Internet and can potentially be monitored and read by others. We cannot and do not warrant that all data transfers utilizing the BANK SYSTEM, or e-mails transmitted to and from us, will not be monitored or read by others.
Fees and Charges
You agree to pay the fees and charges as set forth in the current fee schedule for your use of SYSTEM Services. You agree that all such fees and charges will be deducted from your account(s). You agree to pay any additional reasonable charges for services you request not covered by the Agreement. You are responsible for fees assessed by telephone, Internet, and other third-party providers incurred in connection with your use of SYSTEM.
Posting of Transfers
Transfers initiated through SYSTEM or SERVICE before nightly processing, which will begin no sooner than 10:00 p.m. CT on our business days, are posted to your account the same day. Transfers initiated on a business day after nightly processing begins, Saturday, Sunday, or a federal holiday will be posted on the next business day. The SYSTEM and SERVICE identify a transfer based upon the Login ID of the user who made the electronic transfer. Accordingly, you understand and acknowledge you may not see all transactions initiated or scheduled by other authorized users who used a different Login ID. To avoid duplicate entries or overdrafts, you agree to communicate with any other persons authorized to access your accounts concerning any transfers or bill payments initiated or scheduled. We may not process a scheduled transfer or payment if you do not have sufficient funds available in the selected account on the date the transfer or payment is settled. We may process transfers that exceed your available balance at our discretion. If we process a transfer or payment which overdraws your account, you agree to repay the overdraft amount plus applicable fees. We may also limit the type, frequency and amount of transfers for security purposes. We may change existing or impose new limits at our option without notice. You agree to confirm the completion of each transfer in your account balance and transaction history before withdrawing transferred funds.
Limits on Amounts and Frequency of Transactions
Other agreements you have with the BANK may limit the number and amounts of payments or transfers from your accounts. Refer to those agreements for specific limitations. If a hold has been placed on a deposit, in accordance with our Funds Availability Policy, you cannot transfer the held funds until the hold expires.
SYSTEM Bill Payment Service
To use the Bill Payment Service you must establish a payee by providing: the complete name of the payee; the account number with the payee; the payee’s remittance address. Information about the payee should reflect information shown on the payee’s billing statement or invoice. When scheduling a payment, you must designate the amount, the date you want the payment processed, and one of your eligible accounts from which the payment may be made. When scheduling a recurring payment, you must indicate if you wish to have the payment processed the business day prior or the business day after a payment which is scheduled on a day which is not a business day. By using the SYSTEM Bill Payment Service feature you agree we may charge your designated account by electronic transfer, “no signature required draft” or by debiting and remitting funds on your behalf. We reserve the right to refuse payment to any payee designated by you. If we do so, we will notify you.
Scheduling SYSTEM Payments
If the payee is to be paid by paper check, as indicated on your payee list, you understand that paper checks are mailed to the payee. The payee may not receive the check until seven (7) to ten (10) business days after the date the check was issued. If the payee is to be paid electronically, as indicated in your payee list, you understand the payee may not receive or reflect payment for three (3) business days after the business day the payment is debited from your account. You agree we are not responsible for the timely delivery of mail or the improper transmission of handling of payments by the payee. You agree we are not responsible for any additional fees, like late fees, which a payee may assess you. When using the SERVICE on a supported Smart Speaker to pay a bill, you may only initiate a payment to payees previously setup in the SYSTEM and a PIN code may be required.
How to Cancel a Bill Payment
To cancel a bill payment scheduled through the SYSTEM, you must cancel the payment online via SYSTEM (by following the onscreen instructions) or by using your Smart Speaker before the date the payment is scheduled to be processed from your account.
Smart Speaker Privacy Notice
The SYSTEM allows you to use your Smart Speaker to communicate with BANK regarding your Account(s). To use your Smart Speaker within the SYSTEM you must first activate the speaker through the SYSTEM. Smart speakers may be activated or respond to any voice, including yours. When you activate a Smart Speaker via the SYSTEM you agree that we may respond to any request through your Smart Speaker as a request you authorized. You are responsible for all interactions with the SYSTEM via your Smart Speaker. You understand that any person who may interact with your Smart Speaker may be able to access the SYSTEM. You understand that anyone listening to you while you conduct transactions verbally may overhear information which may allow them to use the Smart Speaker to access the SYSTEM. It is also possible that your Smart Speaker, any software applications installed on the Smart Speaker, and/or manufacturer may record your interactions with the SYSTEM or with the smart device. Consult your agreements with the manufacturer to learn more about how your Smart Speaker manufacturer will treat those interactions.
Description of Mobile Banking Service
The SERVICE is supplemental to the SYSTEM. It is not intended to replace the SYSTEM and may not have all the functionality available in the SYSTEM. The SERVICE allows you to access features such as making payments to payees set up in the SYSTEM, transferring funds between BANK Accounts, determine Account balances, or conduct other banking transactions. We may limit or modify the SERVICE at any time.
Access to the SERVICE may be limited over some mobile carriers. The SERVICE may not be compatible with all Devices. We cannot guarantee and are not responsible for the availability of data services provided by your mobile carrier which includes data outages or “out of range” issues.
Use of SERVICE
In order to properly use the SERVICE, you should review and follow the instructions provided on our website. You agree to accept responsibility for learning how to use the SERVICE in accordance with the online instructions and agree that you will contact us directly if you have any problems with the SERVICE. We may modify the SERVICE from time to time at our sole discretion. In the event of any modifications, you are responsible for making sure you understand how to use the SERVICE as modified. You also accept responsibility for making sure that you know how to properly use your Device and we will not be liable to you for any losses caused by your failure to properly use the SERVICE or your Device.
Agreements with Other Service Providers
When you use the SERVICE you remain subject to the terms and conditions of your existing agreements with other service providers, including, but not limited to, your mobile service provider and the Agreement does not amend or supersede any agreements with other providers. You understand other provider agreements may include fees, limitations and restrictions which your use of the SERVICE may impact, such as data usage or text messaging charges imposed by your mobile service provider. You acknowledge and accept you are responsible for all fees, limitations, and restrictions of your other service providers. You agree your mobile service provider is responsible for products and services they offer and provide. You agree to resolve any problems with your other service providers directly without involving us. Any deposit account, loan or other banking product accessed through the SERVICE is also subject to the account agreements and disclosures provided at the time of account opening. You should review the account disclosures carefully, as they may include transaction limitations and fees which might apply to your use of the SERVICE.
Permitted Mobile Banking Transfers
You may use the SERVICE to transfer funds between your eligible BANK accounts ("Internal Transfer"). You may not transfer to or from an account at another financial institution using the SERVICE. You must have sufficient funds available in the selected account at the time the transfer request is received. Available funds may include overdraft protection. We may process transfers which exceed your available balance at our discretion. If we process the transfer which results in your account being overdrawn, you agree to repay any overdraft amount plus applicable fees. We may also limit the type, frequency, and amount of transfers for security purposes. We may change or impose limits without notice, at our option. You agree to confirm the completion of each transfer in your account balance and transaction history before withdrawing transferred funds.
You represent that you are the legal owner of the Accounts or you are properly authorized to transact on the Accounts which may be accessed via the SERVICE. You represent and agree that all information you provide to us in connection with the SERVICE is accurate, current, and complete, and that you have the right to provide such information to us for the purpose of using the SERVICE. You agree not to misrepresent your identity or your account information. You agree to keep your account information up to date and accurate. You represent that you are an authorized user of the Device you will use to access the SERVICE.
You agree to take every precaution to ensure the safety, security and integrity of your account and transactions when using the SERVICE. You agree not to leave your Device unattended while logged into the SERVICE and to log off immediately at the completion of each access by you. You agree you will not provide your username, password, one-time authentication code, or other access information to any other person. If you permit other persons to use your Device, login information, or other means to access the SERVICE, you are responsible for any transactions they authorize, and we will not be liable to you for any damages. You agree not to use any personally identifiable information when creating shortcuts to your Account. We make no representation that any content or use of the SERVICE is available for use in locations outside of the United States. Accessing the SERVICE from locations outside of the United States is at your own risk.
You agree not to use the SERVICE or the content or information delivered through the SERVICE in any way that would: (a) infringe any third-party copyright, patent, trademark, trade secret or other proprietary rights or rights of privacy, including any rights in the Software; (b) be fraudulent or involve the sale of counterfeit or stolen items, including, but not limited to, use of the SERVICE to impersonate another person or entity; (c) violate any law, statute, ordinance, or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising); (d) be false, misleading, or inaccurate; (e) create liability for us or our affiliates or service providers, or cause us to lose (in whole or in part) the services of any of our service providers; (f) be defamatory, trade libelous, unlawfully threatening, or unlawfully harassing; (g) potentially be perceived as illegal, offensive, or objectionable; (h) interfere with or disrupt computer networks connected to the SERVICE; (i) interfere with or disrupt the use of the SERVICE by any other user; or (j) use the SERVICE in such a manner as to gain unauthorized entry or access to the computer systems of others.
No Commercial Use or Re-Sale
You agree the SERVICE is only for the personal or business use of individuals authorized to access your account information. You agree not to make any commercial use of the SERVICE or resell, lease, rent, or distribute access to the SERVICE.
Unless caused by our intentional misconduct or gross negligence, you agree to indemnify, defend, and hold harmless Security Bank of Kansas City, its affiliates, officers, directors, employees, consultants, agents, service providers, and licensors from any and all third party claims, liability, damages, expenses, and costs (including, but not limited to, reasonable attorneys' fees) caused by or arising from (a) a third party claim, dispute, action, or allegation of infringement, misuse, or misappropriation based on information, data, files, or otherwise in connection with the SYSTEM or SERVICE; (b) your violation of any law or rights of a third party; or (c) your use, or use by a third party, of the SYSTEM or SERVICE.
The SERVICE allows you to deposit certain checks into certain deposit accounts which are eligible to receive mobile deposits using a software application installed on your supported mobile device. The application is considered part of the SERVICE.
Mobile Deposit Description
The SERVICE is designed to allow you to submit check deposits to your checking, money market checking or savings accounts from your compatible camera-enabled Device capable of capturing check images and information and electronically delivering the items and associated deposit information to the Bank or the Bank's designated processor. You must capture an image of the front and back of each check to be deposited in accordance with current procedures; must read and capture the magnetic ink character recognition ("MICR") line on each check; and must read and capture all such other data and information as is required by the Agreement or Federal Reserve regulations for the processing of these checks for payment.
Mobile Deposit Hardware and Software Requirements
To use the SERVICE for mobile deposit, you must have: a supported camera-enabled Device; a supported Device operating system; and a data plan for your mobile device. We do not guarantee that your Device or mobile carrier will be compatible with the SERVICE. We and/or our service provider(s) may change the specifications and/or requirements from time to time without notice. The Bank is not responsible for any third-party software you may need to use the SERVICE. You agree that you will perform or arrange for all vendor recommended maintenance, repairs, upgrades, and replacements. You are responsible, at your own expense, for purchasing, installing, operating, testing, and maintaining all hardware and software necessary to use the SERVICE. You must install and test your Device, your system, and any other required hardware and software before you make your first deposit through the SERVICE. You accept any such software “as is” and subject to the terms and conditions of the software agreement that you enter into directly with the third-party software provider at the time of download and installation. When using the SERVICE, you may experience technical or other difficulties. We do not assume responsibility for any such difficulties or any resulting damages that you may incur. We reserve the right to limit the number of Devices through which you may access the SERVICE. We are not responsible for, and you release us from, any and all claims or damages resulting from, or related to, any technical issues or other related problems that may be associated with your use of the SERVICE, mobile application, data connectivity, e-mail, or the Internet. You agree that all images and files transmitted to us through the SERVICE will contain no viruses or any other disabling features that may have an adverse impact on our network, data, or related systems.
Security of Your Device and Account Information
You agree we are entitled to act upon instructions we receive with respect to the SERVICE under your user ID, password, or other code or authentication method we require (these components are referred to herein collectively as your “Authentication Method”). You are responsible for (i) maintaining the confidentiality and security of your Device(s), access number(s), password(s), security question(s) and answer(s), account number(s), login information, and any other security or access information, used by you to access the SERVICE (collectively, "Access Information"); and (ii) preventing unauthorized access to or use of the information, files or data that you store, transmit or use in or with the SERVICE (collectively, "Account Information"). You agree not to supply your Access Information to anyone. You will be responsible for all electronic communications, including image transmissions, text message, e-mail, and other data ("Communications") entered using the Access Information. Any Communications received through the use of the Access Information will be deemed to be sent or authorized by you. You agree to immediately notify us if you become aware of any loss, theft, or unauthorized use of any Access Information, including your Devices. You also agree to notify us immediately by telephone at 913-281-3165 and with written notice at Security Bank of Kansas City, Attention Fraud Prevention, P.O. Box 171297, Kansas City, Kansas 66117 or by e-mailing us at email@example.com if you learn of any loss or theft of an original check or item. We reserve the right to deny you access to the SERVICE (or any part thereof) if we believe that any loss, theft, or unauthorized use of Access Information has occurred.
Check Image Quality
The image of an item transmitted to the Bank using the SERVICE for mobile deposit must be legible and contain images of the front and back of the check. The image quality of the items must comply with the requirements established from time to time by the American National Standards Institute ("ANSI"), the Board of Governors of the Federal Reserve Board, or any other regulatory agency, clearing house, or association. These requirements include, but are not limited to, ensuring the following information can clearly be read and understood by sight review of the check image; the amount of the check (both written and numeric); the payee; the signature of the drawer (maker); the date; the check number; the information identifying the drawer and the paying financial institution that is preprinted on the check including the MICR line; and all other information placed on the check prior to the time of an image of the check is captured (such as any required identification written on the front of the check and any endorsements applied to the back of the check).
Fees and Charges
There is no fee to use the SERVICE. The Bank reserves the right to change the pricing for the feature in the future. Mobile data charges may apply, contact your wireless carrier for details.
Mobile Deposit Limits
The Bank reserves the right to establish and assign deposit limits for the SERVICE (including limits on the dollar amount and/or number of checks that you may transmit through the SERVICE each day) and to modify such limits from time to time at the Bank’s discretion. You agree to comply with any limits.
Availability of Funds
We will make funds available for checks and items received, accepted, and successfully processed through the SERVICE according to our standard Funds Availability Policy. Mobile deposits received and accepted prior to 6:00 P.M. CT Monday through Friday (excluding federal holidays) will be available the next business day unless we notify you. Not all items submitted via Mobile Deposit are accepted. We will attempt to notify you when an item is not accepted for deposit but cannot guarantee notification will allow resubmission on the same business day.
Mobile Deposit Eligible Checks and Items
You agree to scan and transmit only checks as that term is defined in Federal Reserve Regulation CC (“Reg. CC”). You agree that the image of the check transmitted to us shall be deemed an “item” within the meaning of Article 4 of the applicable Uniform Commercial Code.
You agree that you will not use the SERVICE to scan and deposit any checks or other items as shown below:
- Checks or items payable to any person or entity other than you, or to you and another party.
- Checks or items containing alteration to any of the fields on the front of the check or item (including the MICR line), or which you know or suspect, or should know or suspect, are fraudulent or otherwise not authorized by the owner of the account on which the check or item is drawn.
- Checks or items previously converted to a substitute check, as defined in Reg. CC.
- Checks or items drawn on a financial institution located outside the United States.
- Checks or items not payable in United States currency.
- Money orders, savings bonds, traveler’s checks, or insurance drafts.
- Checks or items that are post-dated or stale-dated.
Nothing in the Agreement should be construed as requiring us to accept any check or item for deposit, even if we have accepted that type of check or item previously. Nor shall we be required to identify or reject any checks or items that you may scan and deposit that fail to meet the requirements of the Agreement.
Mobile Deposit Endorsements and Procedures
You agree to restrictively endorse any item transmitted through the SERVICE as:
For Mobile Deposit Only
[Account number receiving deposit] or as otherwise instructed by the Bank.
You agree to follow all procedures and instructions for use of the SERVICE as the Bank may establish from time to time. Endorsements must be made on the back of the check within 1½ inches from the top edge, although we may accept endorsements outside this space. You are responsible for any loss we incur from a delay or processing error resulting from an irregular endorsement or other markings. For a check payable to you and any joint owner(s) of your Bank account, the check must be endorsed by all payees and you may only use Mobile Deposit to deposit the check into a Bank account jointly owned by all payees. If the check is payable to you or your joint owner, either of you may endorse it. If the check is made payable to you and any non-joint owner, you may not deposit the check into your Bank account using the SERVICE.
Promises You Make to Us; Indemnity
You warrant to us that you will only transmit eligible checks and items that you are entitled to enforce, and all checks and items will include all signatures required for their negotiation. You will not transmit an image or images of the same check or item to us more than once and will not deposit or negotiate, or seek to deposit or negotiate, the check or item with any other party. You will not deposit or re-present the original check or item with us or any other party. All information you provide to us is accurate and true. All images transmitted to us accurately reflect the front and back of the check or item at the time it was imaged. You will comply with the Agreement and all applicable rules, laws, and regulations. You will use the SERVICE only for your own deposits and will not allow the use of the SERVICE by way of a service bureau business, timesharing, or otherwise disclose or allow use of the SERVICE by or for the benefit of any third party. By utilizing the SERVICE you acknowledge the Third-Party Service Provider of the App may have access to the nonpublic personal information transmitted by you through the SERVICE. If you or anyone else present a check or item for deposit more than once, in violation of the Agreement, you agree to indemnify, defend, and hold us harmless from and against all liability and damages that may result from any claims, suits or demands from third parties with respect to such check or substitute check. You agree that we may debit from your Bank account the aggregate amount of any checks that are deposited more than once. To the extent that funds in your account are insufficient to cover such amount, you agree we may debit the deficiency amount from any other of your account(s) with the BANK at our discretion.
Disposal of Mobile Deposit Checks
After a check or item has posted to your account, you agree to prominently mark the check or item as “Electronically Presented.” You agree never to re-present to us or any other party a check or item that has been deposited through the SERVICE unless we notify you that the check or item will not be accepted for deposit through the SERVICE. You will promptly provide any check or item to Security Bank of Kansas City as requested to aid in the clearing and collection process, to resolve claims by third parties with respect to any check or item, or for audit purposes. You agree to destroy or otherwise properly dispose of checks or items within five (5) business days after you have verified your deposit has been credited and cleared through the SERVICE to ensure that such checks and items are not re-presented for payment and to safeguard such checks and items.
Rejection of Deposits
Once you submit a deposit, you cannot cancel or amend the deposit. The Bank is not liable for any delays or errors in the transmission of the file from you to us. If the SERVICE is not available for any reason, you may make your deposit using another method, such as an in-person deposit, ATM, night depository at one of our Banking Centers, or a deposit by mail. Once accepted by the Bank, we provisionally credit your designated account for the total amount of the check. The provisional credit is subject to final payment of the check. You agree that all deposits received by us are subject to verification and final inspection and may be rejected by us at our discretion. You agree you are liable to us for any errors, inaccuracies, breach of warranties and any other loss sustained by, or claim made against us relating to such deposits. We are not liable for any service or late charges that may be imposed against you due to our rejection of any check you transmit for deposit through the SERVICE. In all cases, you are responsible for any loss or overdraft plus any applicable fees to your account due to a check being returned to us unpaid by the payor financial institution. While we normally attempt to provide notice of rejected items, you acknowledge and agree we may reject any check transmitted through the SERVICE at our discretion without notice to you, and we will not be liable for any such rejection or failure to notify you of such rejection. If we reject a check for remote deposit, you must physically deposit the original check.
Should you fail to produce the original check when requested you authorize us to deduct that amount from your account. You are solely responsible for verifying checks you deposit by using the SERVICE were received and accepted for deposit by us. We will notify you about any item you deposited which is returned unpaid by the payor financial institution. You agree to accept such notices at your e-mail address on file with us. We may choose any reasonable method for providing such notices to you. In the event we credit your account for a check that is subsequently dishonored and returned, you authorize us to debit the amount of the check plus any associated fees from your account. To the extent that funds in your account are insufficient to cover such amount, you agree we may debit the deficiency amount from any of your other account(s) with us at our discretion. You agree we may charge your account(s) without regard to whether the check was timely returned or whether there is any other claim or defense that the check was improperly returned. You understand and agree the original check is your property thus the BANK cannot return the check to you and may instead charge back against your account an image of the check, an ACH debit, paper debit, other electronic debit, or any other debit to your account. You further agree that any image that we charge back may be in the form of an electronic or paper reproduction of the original check or a substitute check. You may not use the SERVICE to deposit a substitute check. You may not deposit or redeposit the original returned check through the SERVICE. You agree to comply with any additional instructions we may provide to you in connection with returned checks. You agree to abide by the Uniform Commercial Code or other applicable law or regulation which relates to returned items, which may preclude you from redepositing the item.
Duty to Report Errors
We will provide you with periodic statements that will identify the deposits that you make through the SERVICE. In addition, you may access the SYSTEM for information about your deposits, returned items, deposit adjustments, checks, and other transactions on your accounts. You agree that it is your responsibility to review all such information we make available to you in a timely manner, to verify that deposits made through the SERVICE were received and accepted by us and are accurate. Our receipt of a check through the SERVICE does not constitute an acknowledgement by us the check is error-free, or that we will be liable for the check. You agree to notify us promptly of any errors, omissions, or discrepancies in a deposit within the time periods established in your account agreement. You may notify us by e-mailing us at firstname.lastname@example.org or writing to Security Bank of Kansas City, P.O. Box 171297, Kansas City, Kansas 66117 or telephoning us at 913-281-3165. You agree to cooperate in any investigation by us of any unsuccessful or lost transmission. Subject to applicable law, any failure by you to notify us of any error, omission, or other discrepancy in accordance with the Agreement and your account agreement shall relieve us of any liability for such error, omission, or discrepancy.
Cancellation by You and Termination or Refusal by Us
You may cancel the SERVICE at any time by calling 913-281-3165 or by emailing us at email@example.com and allowing us a reasonable opportunity to act upon your request. If you cancel, we will not refund any portion of any fee assessed for any checks and items previously deposited via the SERVICE. We will have no obligation to honor any instruction, in whole or in part, that (i) we reasonably believe is used for any illegal or improper purpose or activity; (ii) we have reason to believe may not be authorized by you; (iii) would violate any law, rule or regulation applicable to us or the SERVICE; (iv) is not in accordance with any other requirement stated in the Agreement or any of our policies, procedures, or practices; or (v) for our protection or yours, we have reasonable cause not to honor. We reserve the right to refuse to honor an instruction or suspend or terminate the SERVICE, in whole or in part, at any time, with or without notice to you, with or without cause, including, without limitation, if: (a) we have reason to believe that your account has been compromised or mismanaged in any way, such as by unauthorized or erroneous use of your Access Information; (b) we believe the SERVICE is not being used for its intended, bona fide and lawful purposes under the Agreement; (c) your account is closed, access to your account is restricted for any reason, or if you do not use the SERVICE for a period of time or (d) following initial enrollment you do not use the SERVICE. Termination will not affect your liability or obligations under the Agreement or any other agreements you have with us.
Availability of SERVICE/Contingency
In the event you are unable to capture, balance, process, produce or transmit a file to the Bank, or otherwise comply with the terms or the procedures for any reason, including but not limited to, communications, equipment or software outages, interruptions, or failures, you will need to deposit the items at a BANK location or by mail. The in-person or mail deposit of original checks at an office of the Bank shall be governed by the terms and conditions of the account agreement and not by the terms of the Agreement.
Changes to the SERVICE
We reserve the right to change the qualifications of the SERVICE at any time without notice. You may reject changes by discontinuing use of the SERVICE. Your continued use of the SERVICE constitutes your acceptance of and agreement to such changes. We also reserve the right to change, suspend, or discontinue the SERVICE, in whole or in part, or your use of the SERVICE, in whole or in part, immediately and at any time without notice to you. Maintenance to the SERVICE may be performed from time-to-time resulting in interrupted service, delays, or errors in the SERVICE and we shall have no liability for any such interruptions, delays, or errors. Attempts to provide prior notice of scheduled maintenance may be made, but we cannot guarantee that such notice will be provided.
Cooperation with Investigations
You agree to cooperate with us in the investigation of unusual transactions, poor quality transmissions, and resolution of customer claims, including by providing, upon request and without further cost, any originals or copies of items deposited through the SERVICE in your possession and your records relating to such items and transmissions.
You agree that you will not use the SERVICE in locations that are prohibited under U.S. law and regulations, including regulations issued by the Office of Foreign Assets Control.
Disclosure of Account Information
You understand we may need to share information with others to complete transactions you request. For example, providing information to a payee to complete a Bill Pay request. We only share information as permitted or required by law. You may request a copy of our consumer Privacy Notice.
We provide required periodic account statements which will include transactions conducted through the SYSTEM or SERVICE. You will not receive a separate SYSTEM or SERVICE statement.
Change in Terms
We may change any term of this Agreement at any time. When a law or regulation requires, we will deliver notice to you as required. If you do not agree to the change in terms you must notify us and stop using the SYSTEM or SERVICE before the effective date of the change. If you use the SYSTEM or SERVICE after the effective date of the change, your use indicates your acceptance of the change.
Our Liability for Failure to Make a Transfer
If we do not complete a transfer to or from your account, including a bill payment, on time or in the correct amount, according to our agreement with you when you have properly instructed us to do so, we will be liable to you for your losses or damages caused as a result. However, there are some exceptions: We will NOT be liable for (1) If, through no fault of ours, you do not have enough money in your account to make a transfer; (2) If a legal order directs us to prohibit withdrawals from the account; (3) If your account is closed, or if it has been frozen; (4) If the transfer would cause your balance to go over the credit limit of an established line of credit or the credit limit for any credit agreement set up to cover overdrafts; (5) If you, or anyone authorized by you commits any fraud or violates any law or regulation; (6) If any electronic terminal, telecommunication device, or any part of the SYSTEM electronic fund transfer system is not working properly and you knew about the problem when you started the transfer; (7) If you have not provided us with complete and correct payment information for the Bill Payment Service, including, without limitation, the name, address, your payee-assigned account number, payment date and payment amount for the payee on a bill payment; (8) If you have not properly followed the on-screen instructions for using SYSTEM or (9) If circumstances beyond our control (such as fire, flood, interruption in telephone service or other communication lines) prevent the transfer, despite reasonable precautions that we have taken.
Consumer Liability for Unauthorized Transfers
Tell us AT ONCE if you believe your ATM Card, Mastercard Debit Card, PIN, or Internet banking access code is lost, stolen, or if you believe an electronic funds transfer has been made without your permission. Telephoning us is the best way of keeping your possible losses down. You could lose all the money in your account (plus your maximum overdraft line of credit, if applicable). If you tell us within two (2) business days after you learn of the loss or theft of your ATM Card, Mastercard Debit Card, PIN, or Internet banking access code(s), you can lose no more than fifty dollars ($50) if someone used your ATM Card, Mastercard Debit Card, PIN, or Internet banking access code without your permission. If you do NOT tell us within two (2) business days after you learn of the loss or theft of your ATM Card, Mastercard Debit Card, PIN, or Internet banking access code and we can prove we could have stopped someone from using your ATM Card, Mastercard Debit Card, PIN, or Internet banking access code without your permission if you had given us notice, you can lose as much as five hundred dollars ($500). Also, if your statement shows transfers you did not make, including those made by card, code, or other means, tell us at once. If you do not tell us within sixty (60) days after the statement was transmitted to you, you may not receive back any money you lost after the sixty (60) days, and therefore, you may not get back any money in your account (including your maximum overdraft line of credit, if applicable), if we can prove that we could have stopped someone from taking the money had you given us notice in time. If a good reason (such as a long trip or hospital stay) keeps you from giving notice, we will extend the time periods.
The BANK is not responsible for any electronic virus or viruses that you may encounter. We encourage our customers to routinely scan their PC or other electronic devices using a reliable virus detection product to detect and remove any viruses. Undetected or unrepaired viruses may corrupt and destroy your programs, files, and even your hardware. Additionally, you may unintentionally transmit the virus to other computers. It is recommended that you contact us by Telephone at (913) 281-3165 or In Person at any one of our Banking Centers if you suspect unauthorized access to the SYSTEM login credentials assigned to you.
Your Right to Terminate
You may cancel your access to the SYSTEM or SERVICE at any time by providing us with written notice by postal mail or fax. Your access to SYSTEM or SERVICE will be suspended within three (3) business days of our receipt of your instructions to cancel your access. You will remain responsible for all outstanding fees and charges incurred prior to the date of cancellation.
Our Right to Terminate
We may terminate or limit your access to SYSTEM or SERVICE or the ability to use a feature for any of the following reasons: (1) Without prior notice, if you have insufficient funds in any one of your accounts; SYSTEM or SERVICE may be reinstated, at our discretion, once sufficient funds are available to cover any fees, pending transfers, and debits; (2) Upon three (3)business days notice, if you do not contact us to designate a new Primary Checking Account immediately after you close your Primary Checking Account and (3) Upon reasonable notice, for any other reason in our discretion.
Electronic E-mail or Secure Conversations (Online)
We may not immediately receive e-mail or message within the SYSTEM or SERVICE that you send. You cannot use e-mail or Secure Conversations to request services such as stop payment, balance transfer, or bill pay.
Communications Between You and Us
Unless the Agreement provides otherwise, you may communicate with us in any one of the following ways: (1) E-mail – You can contact us by e-mail at firstname.lastname@example.org (please note that banking transactions through SYSTEM are not made via e-mail); (2) Telephone – You can contact us by telephone at (913) 281-3165; (3) Facsimile – You can contact us by fax at (913) 621-8492; (4) Postal Mail – You can write to us at: Security Bank of Kansas City, P.O. Box 171297, Kansas City, KS 66117; (5) In Person – You may visit us in person at any of our locations.
Consent to Electronic Delivery of Notices
You agree that any notice or other type of communication provided to you pursuant to the terms of the Agreement, and any future disclosures required by law or regulation, including electronic fund transfer disclosures, may be made electronically by posting the notice on the BANK SYSTEM website or by e-mail. You agree to notify us immediately of any change in your e-mail address.
The Agreement shall be governed by and construed and interpreted in accordance with the laws of the state of Kansas.
Disclaimer of Warranty and Limitation of Liability – We make no warranty of any kind, express or implied, including any implied warranty of merchantability or fitness for a particular purpose, in connection with the SYSTEM services provided to you under the Agreement. We do not and cannot warrant the SYSTEM will operate without errors, or that any or all SYSTEM services will be available and operational at all times. Except as specifically provided in the Agreement, or otherwise required by law, you agree that our officers, directors, employees, agents, or contractors are not liable for any indirect, incidental, special, or consequential damages under or by reason of any services of products provided under the Agreement or by reason of your use of or access to SYSTEM, including loss of profits, revenue, data or use by you or any third party, whether in an action in contract or tort, or based on a warranty. Further, in no event shall the liability of BANK and its affiliates exceed the amounts paid by you for the services provided to you through SYSTEM.
We are only responsible for performing the services as expressly stated in this Agreement. The SYSTEM and SERVICE is provided “AS IS” and, except as prohibited by law, we and our third-party service providers disclaim any express or implied warranties concerning the SYSTEM or SERVICE, app, equipment, or software, including, but not limited to any warranties of merchantability, fitness for a particular purpose, or noninfringement of any parties’ proprietary rights. In no case shall Security Bank of Kansas City or any of our third-party service providers be liable for any loss of data, profit, goodwill, or special, punitive, indirect, exemplary, or consequential damages of any kind of nature suffered by your arising out of or related to the Agreement, the app, the software, the equipment, or the SERVICE whether or not such claim for damages is based on tort or contract or whether we had been advised of the possibility of such damages or should have known of the likelihood of such damages, except as may be required by law. In states that do not allow the exclusion of limitation of liability for indirect special or incidental or consequential damages, Security Bank of Kansas City and our third-party service providers’ liability is limited to the extent permitted by applicable law.
The primary licensor for the online and/or mobile banking service you are using (the “Service”) is Jack Henry & Associates, Inc. (the "Provider"). By enrolling in our Service, you hereby agree as follows:
(i) General. The Provider is not the provider of any of the financial services available to you through the Service, and the Provider is not responsible for any of the materials, information, products, or services made available to you through the Service.
(iii) Source of Information. The Service, at your direction, will retrieve your information maintained online by financial institutions and billers with which you have customer relationships, maintain accounts, or engage in financial transactions and other log-in related information ("Account Information"). Provider does not review, verify, or analyze the Account Information for accuracy or any other purpose, but simply gathers, organizes and reports available Account Information to you. Technical difficulties may result in a failure to obtain data, a loss of data, a loss of personalized settings or other service interruptions. Account Information is timely only to the extent that it is promptly provided by the third-party sites. Account Information may be more complete or up to date when obtained directly from the third-party sites.
(iv) Your Responsibility for Information. You are responsible for providing Provider with accurate and updated (as necessary) account numbers, usernames, passwords and other log-in related information ("Registration Information") so that the Service is able to access Account Information. If you become aware of any unauthorized use of your Registration Information, you should notify your financial institution immediately.
(v) Rights You Grant to Provider. By submitting data, passwords, usernames, PINs, log-in information, materials and other Registration Information to Provider through the Service, you are voluntarily supplying that content to Provider for the purpose of providing the Service to you. By submitting such information to Provider, you represent that you are entitled to submit it to Provider for use for this purpose, without any obligation by Provider to pay any fees. By using the Service, you expressly authorize Provider to access your Account Information maintained by identified third parties, on your behalf as your agent. When you use the "Add Accounts" feature of the Service, you will be directly connected to the website for the third party you have identified. Provider will submit information including usernames and passwords that you provide to log you into the site. You hereby authorize and permit Provider to use and store the information submitted by you (such as account passwords and usernames) to accomplish the foregoing and to configure the Service so that it is compatible with the third-party sites for which you submit your information. You acknowledge and agree that when Provider is accessing and retrieving Account Information from the third-party sites, Provider is acting on your behalf and not on behalf of the third party. You acknowledge that certain risks are inherent in the transmission of information over the Internet, and you agree that by using the Service you are assuming those risks.
(vi) Consent to Use of Data. You agree that Provider may collect and use technical data and related information, including but not limited to technical information about your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services (if any) related to the Service. Provider may use this information, as long as it is in a form that does not personally identify you, to improve its products or provide services or technologies.
(vii) Disclaimer of Warranty. THE SERVICE IS PROVIDED ON AN 'AS IS' AND 'AS AVAILABLE' BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGMENT. NO WARRANTY IS PROVIDED THAT THE SERVICE WILL BE FREE FROM DEFECTS OR VIRUSES OR THAT OPERATION OF THE SERVICE WILL BE UNINTERRUPTED. YOUR USE OF THE SERVICE AND ANY MATERIAL OR SERVICES OBTAINED OR ACCESSED VIA THE SERVICE IS AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING FROM THEIR USE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
(viii) Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL PROVIDER BE LIABLE FOR ANY DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE, INCLUDING BUT NOT LIMITED TO ANY GENERAL, SPECIAL, DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH ANY CLAIM IS BASED. IN ANY CASE, PROVIDER'S LIABILITY ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE SHALL NOT EXCEED IN THE AGGREGATE THE SUM OF $250. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
(ix) Google Analytics. To assist Provider in maintaining and improving this application, Provider uses Google Analytics to gather information about usage of the Service. For example, it tracks how many visitors the Service has, which screens they spend time on, what kinds of operating systems and devices they use, and how they found the Service. Google Analytics does not track, collect or upload any data that personally identifies an individual (such as a name, email address, account number or billing information), or other data which can be reasonably linked to such information. The information helps Provider improve the performance of this Service for you. For more information on Google's use of the data, please see the website "How Google uses data when you use our partners' sites or apps" located at http://www.google.com/policies/privacy/partners/.
(x) Miscellaneous. This End User Agreement constitutes the entire agreement between you and Provider concerning the subject matter hereof. This End User Agreement will be governed by and construed in accordance with the laws of the state of Iowa, excluding that body of laws pertaining to conflict of laws. If any provision of that portion of this Agreement is determined by a court of law to be illegal or unenforceable, such provision will be enforced to the maximum extent possible and the other provisions will remain effective and enforceable. All disputes relating to this End User Agreement are subject to the exclusive jurisdiction of the courts of Iowa and you expressly consent to jurisdiction and venue thereof and therein. This End User Agreement and all related documentation are and will be in the English language. The application of the United Nations Convention on Contracts for the International Sale of Goods is hereby expressly waived and excluded.
By accepting the Security Bank of Kansas City Electronic Statement Disclosure and Agreement, you consent and agree that Security Bank of Kansas City (SBKC) may provide certain disclosures and notices to you in electronic form, in lieu of paper form, including electronic delivery of periodic statements for your SBKC deposit accounts(s). By clicking on the “I Agree” button below constitutes your written signature and consent to be bound by the terms of this Disclosure and Agreement and to receive your statement electronically. If you select the “I Do Not Agree” button below, your enrollment in this Electronic Statement service will be discontinued, you will not be enrolled, and you will not receive your periodic statement electronically.
After receiving your first Electronic Statement, SBKC will discontinue mailing paper account statements and all future statements for that account will be Electronic Statements. Each month we will send an email notice to you advising you of the availability of your Electronic Statement with instructions on how to access your Electronic Statement. Your Electronic Statement can be printed or saved to a file on your computer for easy storage. The past eighteen months’ Electronic Statements will be available through SBKC Online Banking for your convenience. Check images are also available with your electronic statement. Other notices concerning your account, which are delivered electronically will be available through SBKC Online Banking for eighteen months from the date the notice was sent.
Enrolling in this Electronic Statement service does not completely prevent the mailing of all paper correspondence from the SBKC. You may still receive documents from time to time by postal mail in which electronic delivery is not available.
Your Right to Withdraw Consent
If at any time after your consent to electronic delivery of your statement, you wish to withdraw your consent to electronic delivery of your statement, you may un-enroll through Security Bank of Kansas City Online Banking or by providing a written request to the Bank.
In order for you to access and retain your Electronic Statement records, your computer must meet the following requirements:
- Internet access
- Web browser that supports 128-bit encryption
- Adobe Acrobat Reader Software
You will need email access with at least 1MB of free space to receive your Electronic Statement. Adobe Acrobat Reader® version 6.0 or higher is required to open and view your Electronic Statement. To download the latest version of Adobe Acrobat Reader®, click here. Security Bank of Kansas City is not responsible for the content contained on the Adobe Acrobat web site. We do not encourage or condone the use of any software in violation of applicable laws and cannot be held liable for issues that arise from the download or use of Adobe Acrobat products.
Updating Your Information
You agree to notify us immediately of any change in your mailing address, email address or telephone number. Your Electronic Statement will be sent to the email address that is on file with the Bank. It is your responsibility to keep your email address updated through Security Bank of Kansas City Online Banking or in person at one of our locations.
Requesting a Paper Copy
If, after you are enrolled in the Electronic Statement program and without withdrawing your consent to electronic delivery of statements, you would like to obtain a paper copy of a statement and the related fees you should contact the Bank.
During the enrollment process, users will be required to create a Security Phrase. The Security Phrase is unique for each user and will be included in the subject and body of each email notification sent to Electronic Statement users. It is intended to help Electronic Statement customers to identify that the email is a legitimate message from the Bank. If your Security Phrase does not appear in messages concerning SBKC Electronic Statement service, do not open the message and report the issue to our E-Banking Department at email@example.com or call 913-281-3165.
The delivery method used is a 'Push' method meaning your Electronic Statement is emailed to you as a secure PDF (Portable Document Format) attachment. The PDF attachment included in the email notification message does not contain customer data. Upon opening the PDF file attachment an Electronic Statement login screen will prompt. The user’s Internet Banking ID and Password are authenticated using secure 128-bit SSL encryption and the statement data fills the PDF attachment.
Your user Internet Banking ID and Password are your keys to Electronic Statements. It takes both identification keys to gain access. No one representing SBKC will ask for your Password. You should never give your Password to anyone who asks for it in an email or by phone or anyone else who you do not want to have access to your account.
You have the option to have your Electronic Statement emailed to one additional recipient (i.e. accountant). It is your responsibility to maintain the ID, Password, and email address of your additional recipient.
Change in Terms
Security Bank of Kansas City has no fee for the use of Electronic Statement services. However, you agree that the Bank has the right to institute a fee for Electronic Statement services upon thirty (30) days prior notice to you. In addition, SBKC has the right to amend these terms and conditions from time to time by providing you with notice of the amended terms and conditions.
Security Bank of Kansas City reserves its right to suspend or terminate your access to the Electronic Statement service and revert to printed periodic statements for any reason at any time.
Disclaimer of Warranty and Limitation of LiabilitySecurity Bank of Kansas City does not and can not warrant that the Electronic Statement service will operate with continuous or uninterrupted access at all times. The Bank is not responsible for non-receipt or untimely-receipt of Electronic Statements due to circumstances beyond our control. You agree that in no event will the Bank, our officers, directors, employees, agents or contractors be liable for lost profits or any special, incidental, or consequential damages arising out of or in connection with your use of the Electronic Statement service. In addition, you agree that the Bank will not be liable for any technical, hardware or software failure of any kind, any interruption in the availability of our service, any delay in operation or transmission, any incomplete or garbled transmission, computer virus, loss of data, or other similar loss. Furthermore, you agree that you are solely responsible for any loss due to use of Electronic Statements by you, any authorized user, or any unauthorized user or recipient who gains access to Electronic Statements through your computer or information obtained directly or indirectly from you.
- Definition. A mobile payment service that lets you make payments using an eligible mobile device at a contactless point of sale (POS) terminal. It digitizes and replaces the credit or debit card chip and PIN or magnetic stripe transaction at POS terminals.
- Relationship. The Digital Wallet service offered by a qualified third party. Security Bank of Kansas City does not own, operate, or control the Digital Wallet service, and is not responsible for any information or other service provided to you by the third party. We are not liable for any failure or performance of the service. Your enrollment into the Digital Wallet service does not impact any other agreement we have with you. The Debit Card Terms and Conditions remain in full force and effect regardless of whether or not you use the Digital Wallet service. For the avoidance of confusion, any transaction you make with your Security Bank of Kansas City debit card using the Digital Wallet service will be considered the same as if you had used your MasterCard debit card in person to conduct the transaction and all applicable fees will apply.
- Eligibility. In order for us to authorize your use of your Security Bank of Kansas City debit card within the Digital Wallet service, your card and the underlying account must be in good standing and you must not be restricted from using the service based upon any limitations imposed by any involved third party. You are required to have an eligible mobile device in order to use the service. You acknowledge that use of an ineligible mobile device with the Digital Wallet service is expressly prohibited, constitutes a breach of these terms and is grounds for us to temporarily suspend, permanently terminate, or otherwise deny further access to your MasterCard debit card in the service.
- Fees. We do not charge any fees for using the Digital Wallet service. Please review your Security Bank of Kansas City account agreement and truth-in-savings disclosure for any applicable fees, associated with your MasterCard debit card. You are responsible for any fees or other charges that your wireless carrier or associated third party may impose. We reserve the right to institute charges for account access or for additional transactions or features in the future, but only after written and/or electronic notification to you at least 21 days in advance of the date such charges will take effect.
- Suspension of Debit Card. We may block, suspend, or cancel use of your MasterCard debit card with the Digital Wallet service. We may take these actions at the any time and for any reason, such as if we suspect fraud with your card, your device becomes lost or stolen, or if applicable laws change.
- Electronic Contact. You agree to receive electronic communications from us, including emails to the email address you have provided in connection with your Digital Wallet account. These electronic communications will relate to your use of the service. You agree to update your email address when it changes by contacting us.
- Indemnity. You agree to indemnify, defend, and hold Security Bank of Kansas City harmless from and against any and all claims, actions, damages, liabilities, costs, and expenses, including reasonable attorneys’ fees, arising out of your use of the Digital Wallet service, any negligent or intentional action or inaction, and/or any breach of the terms and conditions of this agreement.
- Other Limitations of Liability and Disclaimer of Warranties. You are solely responsible for the selection, maintenance, security, and operation of your mobile device, software, email, and telecommunication, mobile, and internet service provider. We expressly disclaim any and all liability as relates to the improper use of your mobile device and the access and transmission of data except as provided by statute. We are not responsible for any errors or failures due to any malfunction of your hardware or software, the unsuitability of your device, or any virus, or problem that may be associated with the use of the device or its software.
- Termination or Change. We reserve the right, in our sole discretion and at any time, to discontinue or terminate this service or access to your MasterCard debit card, or to terminate, add, delete or change any of these terms and conditions. We will provide you with notice of any such termination or change as required by law. Your continued use of the service will constitute your acceptance and agreement to any change in the terms and conditions.
- Your Responsibilities.
- Enrollment in the Digital Wallet – If you want to add your MasterCard debit card to the Digital Wallet, you agree to follow the procedures adopted by the providing third party. We may not add your MasterCard debit card to the Digital Wallet if we cannot authenticate the card or if we otherwise suspect that there may be fraud associated with the card. The Digital Wallet allows you to make purchases using the added card wherever the Digital Wallet is accepted. The Digital Wallet may not be accepted at all places where your MasterCard debit card is accepted.
- Report Lost or Stolen Device or Debit Card – If you enroll in the Digital Wallet service and your device is lost or stolen, or you have reason to believe that your device has been compromised, including that of your fingerprint reader, PIN, or other security device, you agree to contact us immediately so that we can take action to disable your MasterCard debit card for use within the Digital Wallet. Given that your device can be used like a debit card to make purchases, you must notify us in the event your device is lost or stolen with the same urgency as if your actual MasterCard debit card is lost or stolen. If you fail to notify us, you may be liable for all or a portion of the losses associated with unauthorized use of your MasterCard debit card whether that use was through the Digital Wallet service or not.
- Security – You are solely responsible for maintaining the confidentiality of your service ID, passwords, device passwords and any other means that you may use to securely access the service on your device. If you share these credentials with anyone, that person may be able to use your wallet to make purchase or obtain access to your personal and payment information available through the Digital Wallet service. You agree to safeguard your device at all times and not leave it unattended.
- Account Ownership/Accurate Information – You represent that you are the legal owner of the account(s) and other financial information which may be accessed via the Digital Wallet service. You represent and agree that all information you provide to us in connection with the service is accurate, current and complete, and that you have the right to provide such information to us for the purpose of using the service. You agree not to misrepresent your identity or your account information. You agree to keep your account information confidential, up to date and accurate. You represent that you are an authorized user of the device you will use to access the Digital Wallet service.
- Contact Information.
Telephone Number (913) -281-3165
Write: Security Bank of Kansas City
Attn: Fraud Prevention Department
PO Box 171297
Kansas City, KS 66117
- All individuals that have 25% or more beneficial ownership; and
- An individual with significant managerial control of the Legal Entity.